DCPI 3929/2021

[2024] HKDC 1288

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO 3929 OF 2021

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ASSESSMENT OF DAMAGES

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INTRODUCTION

1. Interlocutory judgment having been entered on 14 June 2022, this is the hearing for assessment of the plaintiff’s damages.

2. The defendant operated a driving school at Hoi Yuen Road, Kwun Tong (“the Site”) and the plaintiff was a learner at the defendant’s driving school. The defendant is represented by the defendant’s director, Mr Law Sing Hong.

3. Damages are claimed under the following heads:-

(a)  Pain, suffering and loss of amenities (“PSLA”);

(b)  Pre-trial loss of earnings;

(c)  Loss of earning capacity; and

(d)  Special damages.

4. The plaintiff was the only person who testified at the hearing. She adopted as evidence in chief her witness statement filed herein on 18 October 2023.

BACKGROUND

The accident

5. On 17 January 2019, the plaintiff was enrolled at the defendant’s driving school as a motorcycle learner. The plaintiff was provided with a motorcycle for practicing but not proper personal protective equipment. Whilst the plaintiff was driving a motorcycle at the Site, due to lack of skill and experience, the plaintiff could not handle a turn and she lost control of the motorcycle and bumped into some tires. As a result, the plaintiff fell from the motorcycle, and thereby sustained serious personal injuries (“the Accident”).

Injuries and treatment

6. The plaintiff attended the Accident and Emergency Department (“A&E”) of United Christian Hospital (“UCH”) for treatment on 17 January 2019 immediately after the Accident.

7. Physical examination revealed swelling and tenderness over right knee with decreased range of movement. There was bruising on the left leg. X-ray of right knee showed fracture right tibial plateau. She was admitted to the orthopaedic ward of UCH for further management. Computerized Tomography (“CT”) scan on the right knee confirmed comminuted fracture over the right lateral tibial plateau with displacement of lateral fragment. Open reduction internal fixation over the right tibial plateau was performed on 23 January 2019. The plaintiff was hospitalized for 13 days and was discharged on 31 January 2019.

8. The plaintiff attended the Department of Orthopaedics & Traumatology (“O&T”) as outpatient for follow up treatment. She was referred for and received physiotherapy treatment from Physiotherapy Department (“PD”) of the Prince of Wales Hospital (“PWH”). Initial assessment done on 4 February 2019 showed swelling and warmth over her right knee and the range of movement was limited with pain. The muscle power of her leg was decreased. After 10 months of treatment by PD at PWH, the plaintiff reported subjective improvement of 70%, with full range of movement of the pl